§ 2-109. Notice of hearing.

(a)

Contents of notice: Written notice of the initial pleading and notices of the initial hearing shall contain the date, time and location of the hearing and shall generally set forth the nature of the alleged violation with reference to the relevant code or ordinance. Notice shall be provided to the alleged violator by certified mail, hand delivery, posting or publication. The method of providing notice shall be the option of the code enforcement division.

(b)

Attempts to notice: Evidence that an attempt has been made to hand deliver or mail the notice, as provided for in this section, together with proof of publication or posting, shall be sufficient to show that the notice requirements of this section have been met, without regard to whether the alleged violator actually received such notice.

(c)

Notice by mail or hand delivery: Notice of the initial pleading and of the initial hearing may be sent by mail or hand delivered as follows:

(1)

The notice may be sent by certified mail, return receipt requested, provided such notice is sent, to the owner of the property in question at the address listed in the Polk County tax collector's office for tax notices, or at any other address provided to the magistrates' clerical staff by such owner. If the notice is unclaimed or refused, notice may be provided by posting and by first class mail directed to the addresses furnished with a properly executed certificate of service confirming the first class mailing.

(2)

The notice may be hand delivered by the sheriff or other law enforcement officer with jurisdiction, code inspector or other person designated by the local governing body.

a.

The notice may be left at the violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the notice; or

b.

In the case of commercial premises, the notice may be left with a manager or other person in charge.

(d)

Notice by publication or posting: Notice of the initial pleading and of the initial hearing given by posting or publication must proceed as follows:

(1)

Publication. The hearing notice shall be published once during each week for four (4) consecutive weeks in a newspaper of general circulation in Polk County, Florida. The newspaper shall meet the requirements for legal and official advertisements as prescribed under Chapter 50, Florida Statutes. Proof of publication shall be made as provided for in Sections 50.041 and 50.051, Florida Statutes.

(2)

Posting. In lieu of publication, the notice shall be posted for at least ten (10) days prior to the hearing, or prior to the deadline set forth in the notice. The notice must be posted in at least two (2) locations, one of which shall be the property upon which the violation is said to exist and the other shall be the front door of the courthouse or main governmental center. Proof of posting shall be by affidavit of the person posting the notice. The affidavit shall include a copy of the posted notice and shall contain the date and places of its posting.

(e)

Order of notice: Notice by publication or posting may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or mail as required under subsection (c).

(f)

Notice subsequent to initial hearing and initial pleading: Notice of all hearings subsequent to the initial hearing and all subsequent pleadings shall be given by first class mail to the alleged violator's address of record, which must either be the address obtained from the tax collector's office, property appraiser's office, or any address provided to the clerical staff by the violator. If the property is sold subsequent to a lien attaching and the matter is brought before a magistrate for any reason, the violator and the new owner shall be entitled to written notice, given by first class mail, of any additional proceedings before a magistrate.

(Ord. No. 07-058, § 9, 9-25-07)